NY Appeals Court Says Accessible Entrance Is Not Feasible

Law360, New York (August 10, 2016, 11:40 AM EDT) -- Ernest E. Badway

Jason B. Jendrewski A New York appellate court has upheld a property owner's claim of "structural infeasibility" in refusing to construct an accessible entrance, effectively breathing new life into a defense that owners and tenants often rely on when conditions prevent them from satisfying the stringent accessibility standards in federal, state and local anti-discrimination laws.

In its March 30, 2016, decision in Matter of Marine Holdings LLC v. New York City Commission on Human Rights, the New York State Appellate Division, Second Department, upheld a property owner's assertion that it would be structurally infeasible to install an accessible...

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